Thesis (M.A.)--City University of Hong Kong, 2007. / "Arbitration and dispute resolution thesis, submitted in partial fulfillment of the degree for Master of Arts in arbitration and dispute resolution, LW 6409 & LW 6409A." Title from PDF t.p. (viewed on Apr. 1, 2008) Includes bibliographical references.

Thesis (M.A.)--City University of Hong Kong, 2005. / Title from title screen (viewed on Mar. 27, 2006) "Master of art in arbitration and dispute resolution." Includes bibliographical references.

Public Education like other sectors such as Health, International Relations, Finance, Local Government and Environmental Affairs that fall under Public Administration as well as business in private, factory and industrial institutions are embraced or characterized by the concept of employer and employee relationships. These relationships are not always wholesome and harmonious but are overshadowed by disputes and strikes which bring about paralysis and polarization of the operation of business and educational stability in public service and administration sectors as well as at learning institutions. These disputes arise from inter alia, disagreements regarding wage negotiations, unfair dismissals, unfair labour practice involving appointments, promotions and transfers, mutual interest, severance pay, automatically dismissals, operational requirements dismissals (both single and multiple), disclosure of information disputes, organizational rights disputes, agency shop disputes, picketing disputes, unfair discrimination disputes in terms of the Employment Equity of Act as amended, and disputes involving the enforcement of collective agreements or the non-compliance with the Basic Conditions of Employment Act and others. Whilst there are similar trends and patterns of disputes in all these sectors, they are, however, not only differ in intensity and rapid occurrence but also in how they are negotiated and settled because the work environments are different at the level of operation, administration and management. What is common in all disputes is that they are all conciliated and arbitrated by arbitrators at the Commission for Conciliation, and Arbitration (hereafter referred to as the CCMA), Education Labour Relations Council (ELRC), Private Resolution Agencies and the Labour Court. The Apartheid era administration had labour laws which dealt with these disputes, but were not progressive and effective in handling them. This placed a heavy burden on the new ANC led government to change the laws of the previous regime. Most of these changes happened in the labour relations and the labour policies. In view of the above situation, the new political dispensation that came into existence and operation in 1994 developed a new labour legislative framework with specific focus on the review of the collective bargaining dispensation. Of significant importance was the entrenchment of labour rights in the Constitution of the Republic of South Africa, 1996. Section 23 of the Constitution is extensive in highlighting the importance to protect amongst others, the right of every trade union to organize and engage in collective bargaining, disclosure of information, restricted rights in domestic sector, rights to establish threshold of representativeness, organizational rights in collective agreements and disputes about organizational rights.

The problem is to determine whether there exists a common body of procedures being followed by labor/management arbitrators in the United States. The agreement to arbitrate grievance disputes is the quid pro quo for an agreement not to strike. Currently some 95 per cent of all United States labor agreements provide for arbitration as the final step in the grievance procedure. Arbitration has increased at a steady pace over the years. The American Arbitration Association reports a 330 per cent increase in the number of cases between 1966 and 1975. A study, by the Federal Mediation and Conciliation Service, has found a 300 per cent increase in cases closed between 1968 and 1978. This increase in the use of arbitration to resolve industrial disputes shows the need to analyze the hearing procedures. The results of a study of this type are useful to all concerned in the labor arbitration process.

Thesis (doctoral)--Georg-August-Universität zu Göttingen.

This thesis is a study of the system of party-appointed arbitrators in international commercial arbitration: an attempt to provide a comprehensive assessment of the system, in which the main questions about it are addressed and a set of answers to those questions is offered. The assessment takes a three-pronged approach: historical, theoretical and empirical. It includes an historical analysis of unilateral nominations, a theoretical assessment of how the system presently works and a comparative empirical study of challenges of arbitrators in ICC practice. The theoretical assessment of the system of unilateral appointments is a critical analysis of arbitration rules, laws, case law, other authors' reflections on the system and other written materials (such as, for instance, the works of the United Nations Commission on International Trade Law and of the International Bar Association). This assessment addresses many questions, including, amongst others: the limits to the right of the parties to make unilateral appointments, the risks to the principle of equality of the parties in the constitution of the arbitral tribunal in certain situations (e.g. multiparty arbitrations, consolidation, joinder), the specific problems of bias in tribunals with party-appointed members, the repeat appointments of an arbitrator by the same party or counsel, the question of whether a different standard of impartiality and independence in party-appointed arbitrators makes any sense, the presumption that party-appointed arbitrators can do things that presiding arbitrators cannot (e.g. the so-called 'special role' of party-appointed arbitrators and certain unilateral communications between appointors and appointees) and the question of whether it is worth keeping the system of unilateral appointments as the default method for the constitution of multiple-member tribunals. The study also includes some suggestions on how to improve the system, namely in order to increase the trust of each party in the arbitrator appointed by the other party and to allow an accurate match between what arbitration end-users may want from party-appointed arbitrators and what they ultimately get.

The aim of this thesis called Arbitration Procedure in the Czech Republic is to characterize Arbitration in the Czech Republic, describe individual aspects of Czech Arbitration and outline highly discussed issues of recent months. This thesis called Arbitration Procedure in the Czech Republic is composed of nine chapters excluding the introduction and conclusion. Each of these chapters deals with different aspect of Arbitration Procedure. The first chapter contains definition of Arbitration Procedure, types of Arbitration, doctrines of Arbitration and enumeration of advantages and disadvantages of Arbitration Procedure. The second chapter summarizes the most important sources of law relating to Arbitration. Chapter 3 deals with one of the most important concepts of Arbitration, which is Arbitrability. Arbitrability is a characteristic of disputes that can be heard before Arbitrators or Arbitral Institutions. Positive and negative conditions of Arbitrability are described in this chapter as well. The fourth chapter focuses on Arbitration Agreement. Its definition and types are included in this chapter and it is also concerned with nature, content and the requirements of the Arbitration Agreement. T The fifth chapter concentrates on Arbitrators. It deals among other with conditions that Arbitrators...

Arbitration proceeding in Czech and Slovak Republic The topic of this thesis is arbitration proceeding in Czech and Slovak Republic. If the part of introduction and conclusion is not included, the thesis is divided into eight main chapters which are further systematically divided into other subchapters. In the first chapter dedicated to the concept and characteristics of arbitration the author focuses on sources and - with regard to the title of this work - the greatest attention is paid to the Contract concluded between Czech and Slovak Republic on legal cooperation. Furthermore the deal of this part is a relation between arbitration and civil proceeding and alternative dispute resolution. This chapter describes - among other issues - the types of arbitration, namely deals with the severance onto ad hoc and institutional arbitration, including comparison with Slovak law. In the following chapter the author deals with the advantages and disadvantages of arbitration but with the difference that he deals with these examples more broadly considering that individual attributes may not always be perceived in black and white, ie. it may not always be an advantage but should be viewed more comprehensively. Chapter Three is dedicated to arbitrability (both in Czech and Slovak legislation) as a key...

En av de mest framstående fördelarna med skiljeförfarande som tvistlösningsmetod är att parterna har möjlighet att utse skiljemän som de känner förtroende för och som har sär- skild kompetens för tvistens avgörande. Enligt 8 § lagen (1999:116) om skiljeförfarande (LSF) ska en skiljeman vara opartisk, och om det finns omständigheter som rubbar förtro- endet för skiljemannens opartiskhet ska denne skiljas från sitt uppdrag. Om en skiljeman är partisk kan även skiljedomen klandras och upphävas. Denna uppsats syftar till att utreda skiljemäns (o)partiskhet enligt 8 § LSF samt att försöka fastställa gällande rätt för partiskhet i relationen mellan skiljeman och partsombud. Relationen mellan skiljeman och partsombud är inte reglerad i LSF men i rättspraxis finns vägledning för vilka omständigheter som kan vara av förtroenderubbande karaktär. HD har fastslagit att en hög standard ska gälla för den aktuella relationen. Enligt domstolen är det förtroenderubbande om en advokatbyrå där skiljemannen är anställd har en affärsmässigt betydelsefull relation med en part eller närstående till part i skiljeförfarandet. Vidare har HD anfört att det även kan vara förtroenderubbande för skiljemannens opartiskhet om en advokatbyrå medverkat till att en viss skiljeman ofta får skiljeuppdrag. Svea hovrätt har konstaterat att det även är förtroenderubbande om en delägare i en advokatbyrå tjänstgör som skiljeman i ett skiljeförfarande där ena parten är motpart i en annan tvist till ett annat företag som har skiljemannens advokatbyrå som ombud. Vidare har advokatetiska regler en preventiv funktion för att motverka partiska skiljemän. En advokat som handlar i strid med sådana regler är dock inte automatiskt att anse som partisk enligt 8 § LSF. / One of the most prominent advantages of arbitration as a form of dispute resolution is that the parties may appoint arbitrators who they have confidence in and that have particular expertise in the question of the dispute. According to 8 § of the Swedish Arbitration Act (SAA), an arbitrator must be impartial and an arbitrator shall be discharged if there exists any circumstance which may diminish confidence in the arbitrator's impartiality. The arbi- tration award may also be challenged and set aside, if the arbitrator is biased. This thesis aims to examine the arbitrators’ (im)partiality according to 8 § SAA, and to de- termine when the relationship between an arbitrator and a legal counsel is considered to undermine the confidence in the arbitrator's impartiality. The relationship between an arbitrator and a counsel is not regulated by SAA but circum- stances that diminish the confidence of the arbitrator’s impartiality have been subject to ju- dicial review. The Supreme Court has set high standards for the relationship in question. For example, it is according to the Court confidence diminishing if the arbitrator’s law firm currently has a significant commercial relationship with one of the parties in the arbitration as well as when a law firm contributes to that a particular arbitrator often receives assign- ments as an arbitrator. In addition, attorneys’ codes of conduct have a proactive function to prevent biased arbi- trators. However, a lawyer who violates such rules is not automatically seen as biased ac- cording to 8 § SAA.

A non-experimental, descriptive study was conducted to examine the criteria by which ad hoc labor arbitrators are selected in the petroleum refining industry. Three factors — arbitrator background, recognition, and arbitration practice — were examined to determine their relative importance to advocates selecting ad hoc labor arbitrators. The population of the study consisted of management and labor union advocates in the petroleum refining industry who routinely select ad hoc labor arbitrators. Participating management and union advocates completed a questionnaire used to gather respondents' evaluations of criteria considered in the selection of ad hoc arbitrators. Responses to statements designed for measuring relative importance of the criteria considered were recorded. Descriptive statistics, discriminant analysis, and tests of significance were used in the treatment of the data.